THYRZA DOWNER, BY AND THROUGH HER SUCCESSOR-IN-INTEREST, CAROLYN HOLMES;, et al. vs COGIR MANAGEMENT USA, INC, et al.

25CV004537: THYRZA DOWNER, BY AND THROUGH HER SUCCESSOR-IN- INTEREST, CAROLYN HOLMES;, et al. vs COGIR MANAGEMENT USA, INC, et al. 08/24/2026 Hearing on Motion to be Admitted Pro Hac Vice in Department 8C

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard at 1:30 p.m. in Department 8C in the Tani G. Cantil-Sakauye Courthouse at 500 G Street, Sacramento, CA, the Hon. Richard C. Miadich presiding.

Any party who wishes to contest the tentative ruling below must:

(1) request a hearing by calling the Law and Motion Oral Argument Request Line for Department 8C at (916) 874-8380, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail message (a) identifying themselves as the party requesting oral argument; (b) indicating the specific matter/motion for which they are requesting oral argument; and (c) confirming that they have notified the opposing party of their intention to appear; and

(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.

If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.

If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.

The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:

https://saccourt-ca-gov.zoomgov.com/j/16039062174

SIP Address:

16039062174@sip.zoomgov.com

(833) 568-8864

25CV004537: THYRZA DOWNER, BY AND THROUGH HER SUCCESSOR-IN- INTEREST, CAROLYN HOLMES;, et al. vs COGIR MANAGEMENT USA, INC, et al. 08/24/2026 Hearing on Motion to be Admitted Pro Hac Vice in Department 8C

ID: 16039062174

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING

***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION***

The application of Teresa Pike Tomlinson to appear as counsel pro hac vice for Defendants Welltower OP LLC and Welltower Inc. (collectively, “Defendants”) is CONTINUED to September 23, 2026 at 1:30 p.m. in Department 8C to permit compliance with California Rules of Court rule 9.40(c)(1).

The proof of service for the application states that the application papers were served on the

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV004537: THYRZA DOWNER, BY AND THROUGH HER SUCCESSOR-IN- INTEREST, CAROLYN HOLMES;, et al. vs COGIR MANAGEMENT USA, INC, et al. 08/24/2026 Hearing on Motion to be Admitted Pro Hac Vice in Department 8C

other parties who have appeared and the State Bar of California via email only.

Rule 9.40(c)(1) of the California Rules of Court provides:

A person desiring to appear as counsel pro hac vice in a superior court must file with the court a verified application together with proof of service by mail in accordance with Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office. The notice of hearing must be given at the time prescribed in Code of Civil Procedure section 1005 unless the court has prescribed a shorter period.

(Cal. Rules of Court, rule 9.40(c)(1), emphasis added.)

The language of this rule indicates that an application to appear as counsel pro hac vice must be served via mail on all parties who have appeared and the State Bar, and that electronic service, including by uploading the application on the State Bar’s website, is insufficient. Thus, Defendants’ proof of service does not satisfy rule 9.40(c)(1).

Defendants are thus directed to serve the application papers via mail on all other parties who have appeared and the State Bar along with an amended notice of hearing for the continued hearing date. Proof of service shall be filed by no later than August 26, 2026.

The amended notice of hearing shall include the information regarding the Court’s tentative ruling system required by Local Rule 1.06(D).

On the Court's own motion, the Hearing on Motion to be Admitted Pro Hac Vice scheduled for 08/24/2026 is continued to 09/23/2026 at 01:30 PM in Department 8C at Tani G. Cantil-Sakauye Courthouse.